Montana Code Annotated
Part 2. Adjoining Landowners and Boundaries -- Fences
70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations

70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations. Each coterminous owner is entitled to the lateral and subjacent support that the owner's land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the adjoining land for the purposes of construction, on using ordinary care and skill and taking reasonable precautions to sustain the land of the other and giving previous reasonable notice to the other of the intention to make the excavations.
History: En. Sec. 1293, Civ. C. 1895; re-en. Sec. 4531, Rev. C. 1907; re-en. Sec. 6773, R.C.M. 1921; Cal. Civ. C. Sec. 832; Based on Field Civ. C. Sec. 269; re-en. Sec. 6773, R.C.M. 1935; R.C.M. 1947, 67-714; amd. Sec. 2120, Ch. 56, L. 2009.

Structure Montana Code Annotated